Prince Andrew’s problems get worse, much worse

A federal judge in New York has said that the civil lawsuit brought by Virginia Giuffre against Prince Andrew can go forward, rejecting his lawyer’s claim that an agreement that was reached between Giuffre and deceased pedophile Jeffrey Epstein, Andrew’s friend, shielded him from such lawsuits. The judge said it was too early in the process to make such judgments.

[Manhattan federal judge Lewis Kaplan] continued: “In a similar vein and for similar reasons, it is not open to the court now to decide, as a matter of fact, just what the parties to the release in the 2009 settlement agreement signed by Ms Giuffre and Jeffrey Epstein actually meant.

“The court’s job at this juncture is simply to determine whether there are two or more reasonable interpretations of that document. If there are, the determination of the ‘right’ or controlling interpretation must await further proceedings.”

“With limited exceptions, the motion must be decided solely on the basis of the allegations of the complaint without regard to any extraneous claims or materials,” Kaplan also wrote. “The 2009 agreement neither appears in nor is referred to” in Giuffre’s civil complaint.
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Tennis star Novak Djokovic in limbo in Australia

Tennis star Novak Djokovic has said that he is opposed to vaccinations. Australia now requires people entering the country to be vaccinated or apply for a special exemption. Djokovic had applied for and got an exemption from the Australian tennis body that issues such exemptions so that he could play in the Australian Open that takes place starting on January 17th. But later it turned out that he had applied for a visa that does not allow for medical exemptions. This caused a furore with people complaining that he was being given special treatment.

Australian prime minister Scott Morrison then stepped in and said only the federal government has the authority to decide who is allowed into the country and under what circumstances and that he was not eligible to enter. The Victorian state government also refused to weigh in in support of Djokovic’s exemption. Meanwhile, Djokovic and his entourage had already departed for Australia on a long flight and upon arrival he was separated from the rest and held isolated under an armed guard at the Melbourne airport while his case was deliberated. In the end, his visa was cancelled and he was asked to leave.
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Elizabeth Holmes found guilty of fraud

After a 15-week trial, a jury today found the founder of the Theranos company guilty on four of the 11 counts of fraud with which she was charged. In an earlier post I discussed how she had persuaded gullible wealthy people like Rupert Murdoch, George Schultz, and henry Kissinger that she had the makings of being the next Steve Jobs, an image that she carefully cultivated and a comparison that she encouraged by her dress and speech. She was found guilty on four of the 11 charges.

A jury convicted Holmes, who was CEO throughout the company’s turbulent 15-year history, on two counts of wire fraud and two counts of conspiracy to commit fraud after seven days of deliberation. The 37-year-old was acquitted on four other counts of fraud and conspiracy that alleged she deceived patients who paid for Theranos blood tests, too.
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The jury deadlocked on three remaining charges, which a federal judge anticipates dismissing as part of a mistrial ruling that could come as early as next week. The split verdicts are “a mixed bag for the prosecution, but it’s a loss for Elizabeth Holmes because she is going away to prison for at least a few years,” said David Ring, a lawyer who has followed the case closely.

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Who said that there is no honor among thieves?

As part of the legal proceeding involving Virginia Giuffre’s charge that Prince Andrew was one of Jeffrey Epstein’s friends that she was pressured to have sex with as a minor, a federal judge yesterday released the sealed agreement that was reached about a decade ago between Epstein and Giuffre in settlement of her case against him.

The unsealed settlement states that upon receipt of the stipulated sum, Giuffre, referred to under her maiden name, agrees to “remise, release, acquit, satisfy and forever discharge the said second parties and any other person or entity who could have been included as a potential defendant … from all, and all manner of, action and actions of Virginia Roberts, including state or federal, cause and causes of action”.

It looks like Epstein was taking care of his friends to insulate them from legal actions by those they abused. Of course, I doubt that he did this purely out of a sense of friendship. More likely it was to prevent them from buckling under the threat of prosecution and revealing damaging information about him.

It is interesting that Andrew and Alan Dershowitz, neither of whom is specifically named, wanted this agreement to be released since they seem to feel that it will take the heat off them.
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Focus shifts to Prince Andrew sexual abuse case

Now that Ghislaine Maxwell has been convicted in the Jeffrey Epstein sexual abuse saga, the next case to follow will be that brought by one of the victims Virginia Giuffre against Prince Andrew. On Saturday, a federal judge blocked an effort by his lawyers to say that he did not have to turn over documents pertaining to the case since Giuffre did not have US jurisdiction. The judge rejected that claim.

Judge Lewis A Kaplan, in a written order, told the prince’s lawyers they must turn over documents on the schedule that has been set in the lawsuit brought by Guiffre who claims she was abused – aged 17 – by the prince on multiple occasions in 2001 while she was being sexually abused by financier Jeffrey Epstein.

Kaplan also rejected arguments by the prince’s lawyer, Andrew Brettler, on jurisdiction grounds after they argued last week that the lawsuit should be dismissed because Giuffre, a US citizen, no longer lives in the US. Brettler has called the lawsuit “baseless”.

The prince’s lawyers claimed evidence was so strong that Giuffre does not reside in the US that it was pointless to exchange evidence until that question is resolved because it could result in the lawsuit’s dismissal.

They argued that Giuffre has lived in Australia for all but two of the past 19 years, has an Australian driver’s licence and lives in a $1.9m (£1.4m) home in Perth, Western Australia, where she and her husband, an Australian national, live with their three children.
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Ghislaine Maxwell found guilty of sex trafficking

A jury unanimously convicted Jeffrey Epstein’s close associate of all but one count. She faces up to 65 years in prison but a sentencing date has not yet been set.

Maxwell was convicted on five of the six charges she faced. In addition to sex-trafficking, Maxwell was found guilty of conspiracy to entice individuals under the age of 17 to travel in interstate commerce with intent to engage in illegal sexual activity, conspiracy to transport individuals under the age of 17 to travel in interstate commerce with intent to engage in illegal sexual activity; transportation of an individual under the age of 17 with intent to engage in illegal sexual activity; and conspiracy to commit sex trafficking of individuals under the age of 18.

Maxwell was found not guilty of one count: enticement of an individual under the age of 17 to travel with intent to engage in illegal sexual activity. Jurors reached their verdict after 40 hours of deliberations over the course of six days.
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The verdict marks a dramatic conclusion to an unexpectedly fast-moving trial: proceedings were originally expected to take at least six weeks. Prosecutors called 24 witnesses over 10 days, and defense attorneys called nine witnesses over two days.

Prosecutors said that Maxwell “preyed on vulnerable young girls, manipulated them and served them up to be sexually abused” by Epstein. There were four accusers in this case: Jane, Kate and Carolyn, who did not use their full names, and Annie Farmer.
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The verdict means jurors agreed that Maxwell had conspired to lure, and shuttle, girls for illicit sexual activity – and that she had conspired to sex-traffick them. They agreed that Maxwell transported Jane for illegal sexual activity. The sex-trafficking count related specifically to Carolyn.

This article traces Maxwell’s life and her rise and fall.

I still do not understand why she did not flee to France when she had the chance. She must have known that she was being targeted for legal action, especially after Epstein killed himself in prison. Since she has French citizenship as well, it would not have been possible to extradite her to the US to face trial, since France does not allow its citizens to be extradited.

The desperate defenses of the January 6th rioters

As I wrote before, so many of the January 6th rioters gleefully posted vivid accounts of what they did on that day on social media that they pretty much eliminated any reasonable legal defense that could be mounted in court. The only option left was to throw themselves at the mercy of the courts, using permutations of “I am really sorry”, “I was stupid”, and “I was misled by Trump and others”. That defense is getting mixed results.
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The Texas abortion law model to be used against guns

The state legislature in Texas developed a too-clever-by-half law to effectively circumvent the constitutional right to abortion as determined in the 1973 US Supreme Court ruling Roe v. Wade. It said that the state would not enforce the law but allowed ordinary citizens to sue abortion provides and offered them with a $10,000 bounty for doing so. Last week, the US Supreme Court refused to issue a stay of the Texas law while the review process was underway but did allow abortion providers to sue certain Texas officials.
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The flawed US parole system

There is so much that is wrong with the US (in)justice system that one does not know where to start with trying to reform it. From overly-aggressive police departments, over-zealous prosecutors more interested in gaining convictions than justice, and a legal system where one needs good lawyers to get even a shot at justice but many people simply do not have access to them and the public defenders offices, while often endeavoring mightily on behalf of their indigent clients, simply are overwhelmed. And all that is soaked in a deep-rooted racist mentality. Changing all those things requires money and political will to go against the punitive mindset that seems to prevail

But if one were to start with something significant but feasible, it might be with the parole system that in theory enables prisoners to obtain release before completing their sentence provided they have given evidence of good behavior and the promise of not returning to crime. There is one aspect of it, however, that is a problem and that is the requirement that one must admit guilt for the crime before one is eligible for parole at all. This puts those who have been wrongfully convicted because of all the problems listed in the first paragraph, in a bind. If they admit to a crime that they did not do, they may get an early release. But they are forever barred from trying to establish their innocence and also they and their families have to live with the stigma of having committed a crime.
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Supreme Court blocks religious vaccine exemption

The US Supreme Court yesterday refused to grant an injunction to stop the implementation of Maine’s requirement that nearly all health workers be vaccinated or lose their jobs.

Maine requires nearly all health care workers to be vaccinated against Covid-19. It argues that this requirement is necessary because those workers are unusually likely to interact with patients who are vulnerable to the disease, and because the state’s health care system could potentially be disabled if too many health care workers are infected. The state does exempt a very narrow slice of health care workers, however: those who risk adverse health consequences if they are vaccinated, such as people with serious allergies to the vaccine.

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